HEARING ON OSC RE: SEENO’S FAILURE TO FULLY FUND THE CODE CIV.
PROC. SECTION 998 OFFERS TO COMPROMISE
* TENTATIVE RULING: *

Plaintiffs requested this OSC hearing to address the failure by defendants West Coast Home Builders, Inc., Albert D. Seeno Construction Co. and Albert D. Seeno Construction Co. Inc. (collectively, “Seeno”) to fully fund the settlement offers made by Seeno pursuant to Code of Civil Procedure Section 998 and accepted by plaintiffs on January 21, 2014. Plaintiffs ask the court to order full payment of the remaining funds due.

Seeno argues that as there is no deadline for payment set under the terms of the offers themselves, the question is one of reasonableness. Here, Seeno argues, where funds for settlement are coming from multiple subcontractors and their insurance carriers in addition to the funds coming from Seeno and its carrier, Seeno should be allowed no less than 90 days to make payment.

Seeno has had over sixty days to fund its settlement offers. The court orders full payment of the remaining funds due to be paid. If Seeno fails to make the remaining payments owed by April 15th, upon submission of a sworn declaration by counsel stating that payment has not yet been made, the court will enter judgment pursuant to the terms of the settlements under Code of Civil Procedure Section 664.6.